Arkansas Code Title 27. Transportation § 27-50-905. Right to contest records

(a)(1) Every driver on whom a record of traffic violations has been compiled shall have the right to contest any entry made in his or her driver's record.

(2) If the driver disputes any entry on his or her record he or she must, in order to preserve his or her rights under this section, notify in writing the Office of Driver Services within thirty (30) days of receipt of the report provided for in § 27-50-902.

(b)(1) The notification, as required, shall set forth in detail the ground upon which the driver bases his or her objections to the entry.

(2) Within thirty (30) days after receipt of the notice, the Office of Driver Services shall either remove the entry from the driver's record or notify the driver that the Office of Driver Services finds the entry to be correct and that the entry shall remain a part of the driver's record.

(3) If the Office of Driver Services finds the entry to be correct, the notification of this fact to the driver shall state the grounds for the finding.

(c)(1) In the event the Office of Driver Services finds the entry to be correct, the aggrieved driver may file suit in the circuit court of the county in which the driver resides within twenty (20) days after receiving notice from the Office of Driver Services that the entry was found to be correct to seek an order from the court requiring the Office of Driver Services to change or delete the entry from the driver's record.

(2) The court's review of such an action shall be limited to a determination of whether the Office of Driver Services had just cause to record the traffic violation in question on the record of the aggrieved driver and whether the Office of Driver Services acted in compliance with §§ 27-50-902 and 27-50-903.

(3) The burden of proof in the action shall be upon the driver instituting the action.

(d)(1) If the court finds the entry to be incorrect, it shall order the Office of Driver Services to amend the entry or delete the entry entirely.